POLICY PURPOSE

CSU Pueblo places a high value on the safety of its employees, students, and the public in all its operations. The Omnibus Transportation Employee Testing Act of 1991 requires a use and testing program for controlled substances and alcohol for those employees required to have a commercial driver’s license. The purpose of this policy is to promote safe operation of CSU Pueblo’s commercial vehicles and to meet the requirements of The Omnibus Transportation Employees Testing Act of 1991 and the Federal Motor Carrier Safety Regulations (FMCSR), Title 49 of the Code of Federal Regulations (49 CFR 382), concerning Alcohol and Drug testing for employees who drive commercial motor vehicles (CMVs) requiring a Commercial Driver’s License (CDL).

POLICY APPLIES TO (Persons affected by)

This policy covers all university personnel who are required to drive CMVs as part of their job and all persons driving a CMV for the University. (See definitions of "Driver", "Commercial Motor Vehicle", and other terms used in this document.)

DEFINITIONS

Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.

CDL Driver means a person holding a CDL or a person required to hold a CDL.

Commercial Motor Vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:

• Has a gross combination weight rating of 26,001 pounds or more, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or
• Has a gross vehicle rating of 26,001 or more pounds; or
• Is designed to transport 16 or more passengers, including the Driver; or
• Is of any size and is used in the transportation of hazardous materials under federal laws and regulations.

Controlled Substance means marijuana, cocaine, opioids, amphetamines, and phencyclidine.

Driver means any person who operates a CMV as an employee of CSU Pueblo. This includes, but is not limited to: full time, regularly employed Drivers; casual, intermittent or occasional Drivers; leased Drivers and independent, owner-operator contractors who are either directly employed by or under lease to CSU Pueblo or who operate a CMV at the direction of or with the consent of CSU Pueblo. For the purposes of pre-employment/pre-duty testing only, the term Driver includes a person applying to drive a CMV.

Drug means the same as Controlled Substance, above.

On Duty Time means from the time a Driver begins to work or is required to be in readiness to work until they are relieved from work and all responsibility for performing work. For a detailed description of On-Duty Time, refer to 49 C.F.R. § 395.2.

Medical Review Officer (MRO) is a licensed physician who is responsible for receiving and reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results.

Procedures refers to the applicable procedures for testing under 49 C.F.R. Parts 40 and 300-399, as amended from time to time.

Program Administrator: The Associate Athletic Director in the Department of Athletics who oversees the commercial driver program for CSU Pueblo.

Regulations refers to the Federal Motor Carrier Safety Administration (FMCSA) regulations for commercial vehicle drivers found in 49 C.F.R. Parts 300-399, and in particular Part 382, Controlled Substances and Alcohol Use and Testing.

Safety-Sensitive Function means any on-duty functions performed by the Driver, as further described in the Procedures.

Substance Abuse Professional (SAP) means (i) a licensed physician (Medical Doctor or Doctor of Osteopathy), (ii) a licensed or certified psychologist, social worker, or employee assistance professional, or (iii) an addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol & Other Drug Abuse). The SAP must have knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. This person evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and after-care. 

POLICY

CSU Pueblo and its employees who drive CMVs must comply with federal laws and regulations regarding safe driving, including those related to Alcohol and Drug use. This policy and its related Procedures set forth the requirements and responsibilities for Drivers and CSU Pueblo departments to assure that CSU Pueblo remains compliant with those laws and regulations.

Covered drivers include University faculty, staff, students and volunteers performing Safety-Sensitive Functions requiring the operation of a CMV as defined by 49 CFR parts 40 and 382.

Required tests include pre-employment/pre-duty, reasonable suspicion, random, post-accident, and return-to-duty.

All applicants (new hire or transfer) for positions covered under this testing program must be notified in writing that passing a drug test is a condition of employment. In addition, the University is required to obtain information on the selected applicant’s positive alcohol and drug testing results for the preceding two years.  Because this information can be obtained only with the written consent of the applicant, the consent becomes a condition of employment.

An offer of employment must be conditional based upon verification of previous testing results and passing a drug test.

Required Alcohol and Drug Testing:

Each Driver employed by CSU Pueblo must undergo the following Alcohol and Drug Testing:

1. Pre-employment Drug (Controlled Substances) testing for all applicants for a position for which a CDL is required. Applicants who fail to submit to testing, or who fail the test will not be eligible for employment in a CDL position.
   
   
2. Post-accident testing is required as soon as practicable following an accident involving a CMV. See the Procedures for more information on post-accident testing.
   
   
3. Random Alcohol and Drug testing. All CSU Pueblo Drivers are enrolled along with Colorado State University Drivers in a random testing program.
   
   
4. Reasonable suspicion testing. A Driver must submit to an Alcohol and Drug test when the employer has reasonable suspicion to believe that the Driver has violated the prohibitions of this policy.
   
   
5. Return to Duty testing. A Driver must be tested before returning to duty performing any Safety-Sensitive Function following a violation of the Regulations.
   
   
6. Follow-up testing. A Driver must have follow-up testing after returning to duty performing Safety-Sensitive Functions following a violation.

Prohibited Driver and Supervisor Conduct:

Alcohol:

1. No Driver shall be on duty or operate a CMV while the Driver possesses wine of not less than one-half of one per centum of Alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, or distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are:
   • Manifested and transported as part of a shipment; or
   • Possessed or used by bus passengers.
     
     
2. No supervisor having actual knowledge that a Driver possesses unmanifested Alcohol may permit the Driver to drive or continue to drive a CMV.
   
   
3. No Driver shall use Alcohol while performing Safety-Sensitive Functions. No supervisor having actual knowledge that a Driver is using Alcohol while performing Safety-Sensitive Functions shall permit the driver to perform or continue to perform Safety-Sensitive Functions.
   
   
4. Concentration: No Driver shall report for duty or remain On Duty requiring the performance of Safety-Sensitive Functions while having an Alcohol concentration of 0.04 or greater. No supervisor having actual knowledge that a Driver has an Alcohol concentration of 0.04 or greater shall permit the Driver to perform Safety-Sensitive Functions.
   
   
5. On-duty use: No Driver shall use Alcohol while performing Safety-Sensitive Functions. No supervisor having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.
   
   
6. Pre-duty use: No Driver shall perform Safety-Sensitive Functions within four hours after using Alcohol.
   
   
7. Use following an accident: No Driver required to take a post-accident Alcohol test shall use Alcohol for eight hours following the accident, or until they undergo and pass a post-accident Alcohol test, whichever occurs first.
   
   
8. A Driver who is found to have an Alcohol concentration between 0.02 and 0.039 is not permitted to perform Safety-Sensitive Functions, including driving a CMV, for at least 24 hours following administration of the test.

Controlled Substances:

1. Use: No Driver shall report for duty or be On-Duty when the Driver uses any Controlled Substance, except when the use is pursuant to the instructions of a physician who has advised the Driver, in writing, that the substance does not adversely affect the Driver’s ability to safely operate a CMV. The Driver must inform their supervisor of any therapeutic Controlled Substance use. No supervisor having actual knowledge that a Driver has used a Controlled Substance shall permit the Driver to perform or continue to perform a Safety-Sensitive Function.
   
   
2. Testing: No Driver shall report for duty, remain on duty, or perform a Safety-Sensitive Function, if the Driver tests positive for Controlled Substances. No supervisor having actual knowledge that a Driver has tested positive for Controlled Substances shall permit the Driver to perform or continue to perform Safety-Sensitive Functions.
   
   
3. No Driver shall report for duty, remain on duty, or perform a Safety-Sensitive Function while in possession of a Controlled Substance. No supervisor having actual knowledge that a Driver has possession of a Controlled Substance shall permit the Driver to perform or continue to perform Safety-Sensitive Functions.
   
   
4. Refusal to Submit: No Driver shall refuse to submit to a required test. Refusing to submit to a test may be grounds for disciplinary action up to and including termination of employment.
   
   
5. Referral, evaluation, and treatment: A Driver who has engaged in prohibited conduct may be referred for evaluation and treatment concerning misuse of Alcohol or Drugs. See the Procedures for Commercial Drivers Drug and Alcohol Testing for more information.
   
   
6. Warnings and disciplinary actions: The University/employing department/supervisor may issue warning(s) to the Driver and, if appropriate, recommend disciplinary action(s) for the Driver, up to and including termination of employment.

7. Procedures

Collection site personnel acting on behalf of CSU Pueblo shall follow the procedures specified in the S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Prevention’s Collection Site Manual.

The Medical Review Officer (MRO) designated by CSU Pueblo or its agent shall follow the procedures specified in the S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Prevention’s Medical Review Officer Manual.

Laboratory personnel shall follow the procedures designated by the DOT in 49 C.F.R. Part 40.

RESPONSIBILITIES

Driver Responsibilities (All CDL Drivers):

1. Fully complying with this policy and the Regulations concerning CDL Drivers.
   
   
2. Promptly reporting to the testing site and undergoing all required Alcohol and/or Controlled Substances tests.
   
   
3. Providing adequate breath and/or urine samples for all required Alcohol and/or Controlled Substances tests.
   
   
4. Authorizing the release of Alcohol and Controlled Substances testing results from previous Employers and queries of the Commercial Driver’s License Drug and Alcohol Clearinghouse as required by 40 CFR part 382.
   
   
5. Signing a certification that they have received a copy of this policy and other educational materials.
   
   
6. Meeting all return-to-work requirements and stipulations after engaging in prohibited conduct.
   
   
7. Not performing any Safety-Sensitive Functions after engaging in prohibited conduct until all return-to-work requirements have been met.
   
   
8. Demonstrating that their condition warrants consideration for leave under the Family Medical Leave Act while undergoing prescribed treatment.
   
   
9. Showing that their condition qualifies them for accommodation under the Americans with Disabilities Act.

Supervisor/Department Responsibilities:

1. Removing a Driver from Safety-Sensitive Functions: If a supervisor has actual knowledge that a Driver has participated in any of the prohibited activities listed above, they shall not permit the Driver to drive a CMV or to perform other Safety-Sensitive Functions.
   
   
2. Notifying the Driver to report to the test site for random, reasonable suspicion, post-accident, return-to-work or follow-up testing.
   
   
3. Making appropriate observations when reasonable suspicion of Alcohol or Drug use seems evident.
   
   
4. Documenting the observations leading to reasonable suspicion testing for a Driver.
   
   
5. Documenting the reason why a reasonable suspicion test was not promptly administered to a Driver.
   
   
6. Documenting the reason why a required post-accident test was not promptly administered to a Driver.
   
   
7. Making certain that a Driver has met all return-to-work requirements and stipulations after engaging in prohibited conduct.
   
   
8. Refusing to allow a Driver to perform any Safety-Sensitive Functions after engaging in prohibited conduct until the Driver has met all return-to-work requirements.
   
   
9. Knowing how to proceed when there is reasonable suspicion that a Driver is impaired. Each Supervisor of a CDL Driver must receive at least 60 minutes of training on Alcohol misuse and at least an additional 60 minutes of training on Controlled Substances use. The training shall cover the physical, behavioral, speech and performance indicators of probable Alcohol misuse and use of Controlled Substances.
   
   
10. Informing the Program Administrator about CSU Pueblo CDL Drivers before they first report for duty as a Driver and not allowing an employee to drive who has not been cleared by the Program Administrator. Departments must follow all directions from the Program Administrator as to CMVs and Drivers.
    
    
11. Reporting any known incidents of policy violations to the Program Administrator.

Program Administrator Responsibilities:

The Program Administrator is responsible for the management and administration of the Commercial Drivers program at Colorado State University Pueblo including:

1. Preparation and updating of policies, procedures and forms, with assistance from the Office of General Counsel.
   
   
2. Disclosure of educational and policy information to covered Drivers, including the DOT Office of Drug & Alcohol Policy & Compliance handbook, What Employees Need to Know About DOT Drug & Alcohol Testing.
   
   
3. Collection of certifications from Drivers for receipt of educational and policy information.
   
   
4. University compliance with the Regulations.
   
   
5. Training supervisors.
   
   
6. Creation, maintenance and updating of required records containing basic information about covered Drivers, except for Drug and Alcohol test results, MRO reports and SAP reports, which shall be kept by Human Resources in a file separate and apart from the Driver’s personnel file.
   
   
7. Preparation and submittal of required reports.
   
   
8. Communication with the departments employing covered Drivers.
   
   
9. Recovery of program operating costs from the departments employing covered Drivers.
   
   
10. Notification of supervisors about test requirements for their covered Drivers.
    
    
11. Obtaining Alcohol and Controlled Substances test results for new hire, transfer Drivers, existing Drivers from previous Employers, and queries of the Commercial Driver’s License Drug and Alcohol Clearinghouse as required by 40 CFR part 382.
    
    
12. Maintaining Drivers’ Drug and Alcohol test results and MRO and SAP reports in a confidential file separate and apart from the employee’s personnel file.
    
    
13. Receiving and reviewing all Drug and Alcohol test results.
    
    
14. Overseeing positive Drug and Alcohol test follow ups.

Office of Human Resources & Institutional Equity (HRIE):

1. Informing applicants for CDL positions that they will be subject to Alcohol and Controlled Substances testing (including pre-employment Controlled Substances testing) and will be required to authorize release of testing information by previous Employers.
   
   
2. Decision-making about a Driver’s request for leave under the Family Medical Leave Act to undergo treatment, including review of the recommendation made by the Driver’s employing department.
   
   
3. Evaluation of Driver requests for accommodation under the Americans with Disabilities Act (ADA).

APPROVAL

Approved by: Armando Valdez, President

12/16/2024